Death on the High Seas Act

Death on the High Seas Act (DOHSA)

Death on the High Seas Act covers any death occurring beyond 3 nautical miles from the shore of any State. Only the personal representative of the deceased individual can bring a DOHSA action, and that action is pursued on behalf of, or for the benefit of the decedent’s spouse, child(ren), parent or other financially dependent relative. DOHSA actions only provide for the recovery of monetary damages and does not provide for recovery of non-pecuniary damages.

Damages under Death on the High Seas Act are determined based upon the actual or projected value of the financial benefit that would have been received from the decedent. Under this theory, dependent children can recover for the value of the care and guidance they would have received from the decedent parent. A spouse can recover for the actual value of the financial contribution the decedent would have made to the family had he lived, less any amount determined to have provided for the care and maintenance of the decedent personally. Therefore, the recovery can be reduced by the amount of resources deemed to provide for the consumption and needs of the decedent had he lived.

A simplified method of determining the needs or consumption of the decedent is to take equally apportion the family income to each member and deduct that equal portion from the projected income to account for the decedent’s anticipated expenditure.

The Death on the High Seas Act does not provide for a loss of consortium or loss of society claim, however, the spouse can recover for the monetary value of the household services the decedent would have provided. This portion of recovery is based on the number of hours the beneficiaries would have expected to receive in services from the decedent and calculated based upon an hourly rate for those services projected out for the decedent’s life expectancy.

The Death on the High Seas Act generally does not provide for “survival” causes of action. The exception to this rule applies when a party sustains an injury on the high seas and dies during the pendency of a personal injury action being pursued in federal court in admiralty. Please contact Accessible Marine Insurance for additional details.

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Accessible Marine Insurance

Dirk Rosen

Our coverages are critical - and I really appreciate all the planning you do to keep us ahead of the curve.

Dirk Rosen

2016-09-27T16:27:46+00:00

Dirk Rosen

Our coverages are critical - and I really appreciate all the planning you do to keep us ahead of the curve.

http://ami-ins.com/testimonials/dirk-rosen/

Terance

Fisk Insurance is # 1 ... I will never shop, no need when you find the best.

Terance

2016-09-27T16:39:58+00:00

Terance

Fisk Insurance is # 1 ... I will never shop, no need when you find the best.

http://ami-ins.com/testimonials/terance/

Cher

I feel like you really had our back by quickly asking for a re-audit and helping to troubleshoot the issue. Thank you very much and proud to be affiliated with Fisk Insurance.

Cher

2016-09-27T16:39:12+00:00

Cher

I feel like you really had our back by quickly asking for a re-audit and helping to troubleshoot the issue. Thank you very much and proud to be affiliated with Fisk Insurance.

http://ami-ins.com/testimonials/cher/

Greg Kurras

I appreciate the organization and responsiveness of yourself and your staff. I am glad to be doing business with you.

Greg Kurras

2016-09-27T16:38:28+00:00

Greg Kurras

I appreciate the organization and responsiveness of yourself and your staff. I am glad to be doing business with you.

http://ami-ins.com/testimonials/greg-kurras/

Joyce & Dan

We truly appreciate you stepping in when we were at a loss.

Joyce & Dan

2016-09-27T16:37:37+00:00

Joyce & Dan

We truly appreciate you stepping in when we were at a loss.

http://ami-ins.com/testimonials/joyce-dan/

Pam Borton

Gail, now that is what I call service. That's why we like Fisk Insurance.

Pam Borton

2016-09-27T16:36:35+00:00

Pam Borton

Gail, now that is what I call service. That's why we like Fisk Insurance.

http://ami-ins.com/testimonials/pam-borton/

Cynthia Zeller

Just wanted to let you know how much we appreciate your help tonight Eric. So sorry for having to pull you away from your family on such a short notice. Our job was able to go out at midnight, thanks to you.

Cynthia Zeller

2016-09-27T16:35:52+00:00

Cynthia Zeller

Just wanted to let you know how much we appreciate your help tonight Eric. So sorry for having to pull you away from your family on such a short notice. Our job was able to go out at midnight, thanks to you.

http://ami-ins.com/testimonials/cynthia-zeller/

Morgan Levally

Tina, you rock!

Morgan Levally

2016-09-27T16:34:44+00:00

Morgan Levally

Tina, you rock!

http://ami-ins.com/testimonials/morgan-levally/

Stacey Brown

As always, it’s a pleasure doing business with Fisk Insurance!

Stacey Brown

2016-09-27T16:28:33+00:00

Stacey Brown

As always, it’s a pleasure doing business with Fisk Insurance!

http://ami-ins.com/testimonials/stacey-brown/

Cher

This company has the best customer service of any business I have experience. Gail and Eric have been very responsive and proactive with all my needs and questions.

2017-05-08T10:16:25+00:00

This company has the best customer service of any business I have experience. Gail and Eric have been very responsive and proactive with all my needs and questions.